NIZAM UDDIN Vs. D J AZAMGARH

JUDGEMENT

(1.) In spite of sufficient service no one appeared on behalf of contesting Respondents.

(2.) Heard Sri Arjun Singhal, learned Counsel for the Petitioner.

(3.) Respondent Nos. 3 and 4, K.K. Maheshwari and Rukmani Sevak obtained a money decree against Respondent Nos. 5 and 6 Manoj Kumar Jaiswal and Bhagwan Das Mangal Das (a trade name). In execution of the decree a house and a shop belonging to the judgment debtor was sold through auction and was purchased by the Petitioner on 4.2.1976 for Rs. 1,44,000/-. Proceedings for challenging the auction were initiated by the Judgment debtor. He also deposited the amount under order XXI Rule 89 Code of Civil Procedure However, executing court/Civil Judge (S.D.), Azamgarh refused to grant benefit of the said rule to the judgment debtor through order dated 1.5.1976 which was confirmed by this Court through order dated 19.11.1976. Thereafter, matter was carried to the Supreme Court in the form of Civil Appeal No. 236 of 1977 which was disposed of on 14.11.1991 by the following direction:-